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07

10
2022

FORT Senior Associate, Attorney at Law, Arturs Caics, has published an article regarding criminally acquired property

On 07, 10 2022 | No Comments | In Uncategorized | By Sandis Bertaitis

“Cases of Criminally Acquired Property”.

“The Constitutional Court has initiated several cases regarding the provisions of the Criminal Procedure Law, which limit the right of a person related to seized property to get acquainted with the case materials, which justify doubts about the criminal origin of this property

However, on some occasions the court refused to initiate such a case because a private individual has missed the deadline for filing a complaint. On such occasions, the private person missed the 6-month deadline specified by the law, because he had counted the deadline for submitting the complaint from the moment when the final court decision in the case, by which the property was confiscated, entered into force. On the other hand, the Constitutional Court calculates the deadline from the moment when a procedural decision came into force, by which a person was refused to hand over case materials (in practice, such a procedural decision is made during the first-instance proceedings, which can be several months before the final decision is adopted).

Accordingly, the purpose of this article would be to draw attention to the specific calculation of the deadline in order to prevent cases where a person loses the right to submit a constitutional complaint due to a missed deadline.”

Read the full article here